Getting Arrested Guide: What May Happen & Your Legal Rights

Being arrested can be a very harrowing experience, but by following the tips in our solicitors’ Getting Arrested Guide, you are much more likely to be released faster and get a better resolution to your case. Criminal cases can be won and lost long before they reach court, so it’s vital that you know your rights and act with care.

Stay calm & do not resist

We advise that you try to remain as calm and polite as possible, even if you consider the arrest to be unreasonable or badly handled.

Unless you believe that someone is impersonating a police officer, it is essential you do not resist arrest. This could result in you or someone else being injured, and additional charges being added. Assault with resisting arrest is an offence with a possible prison sentence of up to two years.

If you feel the arrest was unlawful, you can fight this through a formal complaint.

Remaining composed is important to ensure you get the best outcome.

When can the police make an arrest?

The police can make an arrest with a valid warrant or if they have reasonable grounds to suspect a criminal offence has been or is about to be committed. The police can also arrest you if they think you have given them a false or unsatisfactory name or address in some circumstances, or if you are unlawfully obstructing the highway, although the latter is not a recordable offence. You can also be arrested under the Mental Health Act if they think you are a danger to yourself, other people, or property.

The arresting officer must tell you the offence you are being arrested for, and why they believe it is necessary to arrest you.

They must tell you the name or identifying shoulder number of the arresting officer and should tell you which police station that they plan to take you to – although if there is a large-scale disturbance such as a riot, they may not have that information at the time. 

Identifying a police officer

A police officer may be wearing plain clothes, and if so, they must show you their warrant card. A PCSO is not a police officer and will always be in uniform when working, but they do not have powers of arrest.

Can PCSOs detain you?

PCSOs can’t arrest you but they can detain you for up to 30 minutes. Resisting this detainment is an offence, but after 30 minutes has passed, unless a police officer arrives to make an arrest, you are free to walk away.

Do I need to give the police my details?

If you are approached by the police for your details or arrested, you do not legally need to give them your details, even at the station. However, not providing this information could mean it takes longer for you to be released. 

The police can only legally hold you for 24 hours unless further time has been authorised by either a Superintendent or a Magistrate/Justice of the Peace.  If there is no extension, you must be either charged or released, even if you haven’t given them your details.

If you do choose to give your details, you only need to give your name, address and date of birth. You are only legally obliged to give these details if you appear in court.

You are not legally obliged to disclose your immigration status or nationality to the police, even if you are arrested.

Being stopped & questioned by the police and PCSOs

The police can stop and question you at any time, but you do not always have to comply, depending on the circumstances.

If a police officer stops you on the street, they may ask you to explain what you’re doing in the area, where you’re going and your name and address.  You do not have to stop or answer any of these questions, and if you refuse to do so you are not committing an offence.  However, there is an exception to this rule. If the police believe you are engaging in anti-social behaviour you must provide these details as it is an offence not to do so. The police must have grounds to believe that this is a repeat offence, and not just a one-off.

Searches by the police

The police can carry out searches in specific circumstances, including of a person, vehicle, or property. If they have a search warrant, they can gain access without your consent and even break down doors if you refuse to let them in.

In the following circumstances, they do not need a warrant to gain entry and carry out a search:

o   Property: the police can enter a property without a warrant to:

o   Try to carry out an arrest warrant

o   Arrest a person who has escaped from custody

o   Save someone's life or prevent a person’s injury

o   Prevent serious damage to property

o   Arrest a person accused of certain serious offences

o   Uncover evidence after someone has been arrested or a crime has been committed at the scene

o   Stop & Search: Police officers have the right to stop and search you if they have ‘reasonable grounds’ to believe you are carrying a weapon, stolen property, illegal drugs, or something that was used to commit an offence. During a stop and search, a police officer may ask for your name, address, date of birth and what you are doing. You do not have to give these details unless the officer has told you of the offence that they suspect you of having committed. PCSOs cannot search you.

Videoing an arrest

It is legal to video an arrest. This could be important evidence if you plan to pursue a case of Wrongful Arrest against the police in the future. If you believe a police officer is using unnecessary force, filming them may have a restraining effect on their behaviour.

While it is legal to upload such footage to social media, it is advised that you don’t do so, as the person who is being arrested may be innocent or distressed by this.

Being cautioned by the police

Before they arrest you, the police must caution you before taking you to a police station at the earliest opportunity.

The caution the police will say is:

“You do not have to say anything. But it may harm your defence if you do not mention now something which you later rely on in court. Anything you do say may be given in evidence.”

 They may delay taking you to the station if they think you have disposed of a stolen item or weapon to retrace your steps to recover such items.

Unreasonable force by police

You may be entitled to compensation if it is deemed that police officers used unnecessary force when arresting you.

Part two: When happens after you arrive at the police station after being arrested

Please note: this is a general guide to the powers of the police if you are arrested. It does not constitute legal advice. If you require legal advice on your case, please contact a qualified solicitor.

Getting Arrested Guide
Overview
What happens at the police station
The police interview
Released or charged?